BALLSTON SPA -- The Saratoga County Economic Opportunity Council has filed a lawsuit against the Zoning Board of Appeals, accusing the board of wrongfully keeping the social services agency from relocating its headquarters to vacant office space at the corner of Front and Bath streets.

The board ruled 4-1 on July 25 that the private nonprofit organization does not offer "vital human services" in accordance with the village zoning code, which meant the EOC could not move into the former Ballston Spa National Bank headquarters at 31-39 Bath St.

The Central Business District in Ballston Spa -- where the building is located -- is zoned for retail businesses, but makes an exception for those providing a "vital human service." Village code defines that as being any "health-related services, such as doctors, dentists, physical therapists, hair and skin care and other necessary human services."

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The EOC -- currently located at 40 New St., off Ballston Avenue in Saratoga Springs -- provides a variety of programs in Saratoga County, including the Women, Infants and Children program, Head Start preschool; a weatherization program; Latino Community Advocacy program , Wheels for Work and other community service programs. It also runs a soup kitchen out of the Presbyterian New England Congregational Church in Saratoga Springs.

The EOC argued that it met the definition of a "vital human resource," and in the lawsuit calls it "arbitrary, capricious and an abuse of discretion" for the Zoning Board of Appeals to conclude the EOC does not deliver a vital human service.

"Saratoga County EOC does not believe that the Village of Ballston Spa Zoning Board of Appeals decision is lawful, and are therefore exercising our right to challenge their decision," EOC Executive Director Julie Hoxsie said.

When asked by the board why EOC wanted to relocate its headquarters to the village, Hoxsie said the organization needs a larger facility, as well as one that is more accessible by the bus line. When the food pantry is open, it serves 15 to 20 families daily, she said.

During the well-attended public hearing before the vote, about twice as many people spoke in support of allowing the EOC to locate in the former bank building.

However, village Mayor John Romano explained his opposition to the EOC moving downtown, saying he believes there is a difference between the EOC's interpretation of the code and the intent of the code when it was written.

Former president of the Ballston Spa Business and Professional Association Tina Mangino-Coffey said taking any property off of the tax rolls by not having a retail business in the building would harm infrastructure repairs and improvements, which are funded by tax revenue.

Ballston Spa National Bank paid $5,030.91 in taxes on the property in 2011. The building is assessed at $1,097,000.

"We are a small village with no room for expansion; tax loss is revenue loss and in these difficult and challenging times, it is unfair to place more burden on the taxpayers," Romano said at the hearing, according to the draft of the minutes.

The listing agent for the property Mark Goldstein told the board he had not received any other retail offers for the property and said he was perplexed as to what retail business would move there.

The lone vote in EOC's favor came from Edward Fernau, who said EOC is a vital human service even if it is not business orientated.

EOC started searching for property to purchase two years ago.

After taking an interest in a piece of property at 17 Low St. -- also in the Central Business District zone -- in 2010, EOC was granted the necessary approval of Code Enforcement Officer Randy Lloyd, who in a letter to the ZBA, said the services provided by EOC "would be considered as 'vital human services' and therefore fall within the current zoning for the above referenced property."

However, the EOC decided not to proceed with the purchase.

The organization instead focused on acquiring the Hayner House building on Bath Street, the site of the Ballston Spa National Bank before it moved into a new building outside the village.

When EOC sought zoning approval from Lloyd for the Hayner House building, it was not expecting to be denied because the building is in the same zone as 17 Low St.

The nonprofit received a letter from Lloyd more than a month after its request, stating that "it does not appear that the proposed use falls within any permitted use or any exception of the Village's Code in a Central Business District zone."

Lloyd gave no indication of what factors changed his mind.

It is unclear why the nonprofit pregnancy crisis organization Birthright is permitted to reside on Front Street.

Hoxsie said some of EOC's programs have low income guidelines.

Others are as high as $49,332 for a family of four. The median annual income for EOC clients is about $42,000.

"Saratoga County EOC is a wonderful organization, helping thousands in need, changing people's lives and undoubtedly, would be a good neighbor," Hoxsie said.